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MADHYA PRADESH HIGH COURT
A.K. Mishra, J
RAMESHWAR PRASAD SHUKLA AND OTHERS – Appellant
Versus
STATE OF M.P. AND OTHERS – Respondent
Writ Petition No. 2040 of 2002
Decided on : 20-03-2003
P.R. Bhave and A.M. Trivedi with Satyendra Patel, for the Appellant; Ashok Agrawal for Respondents Nos. 1, 2 and 4, Rajendra Tiwari with Dilip Pandey for Respondent Nos. 6 and 7, for the Respondent
Headnote:
Registrar - Quashment of Orders - M.P. Society Registrikaran Adhiniyam, 1973 - A.23, A.15, A.14, A.16A, A.16 - The court discussed the M.P. Society Registrikaran Adhiniyam, 1973 and its provisions, including the power of the managing committee to induct new members, the procedure for holding meetings, and the authority of the Registrar to finalize the list of existing members. The court highlighted the illegality of the election and meeting held on 9-3-2001, the improper induction of new members, and the failure of the Registrar to comply with the directions of the court. The court set aside the impugned orders and directed the Registrar to finalize the list of existing members and conduct fresh elections.
Fact of the Case:
The petitioners filed a writ petition seeking quashment of several orders passed by the Registrar and other authorities related to the election and management of a registered society. The petitioners alleged illegal inductions, unauthorized removals, and improper conduct of meetings and elections.
Finding of the Court:
The court found that the election and meeting held on 9-3-2001 were illegal and void, the induction of new members was not in accordance with the law, and the Registrar failed to comply with the court's directions. The court set aside the impugned orders and directed the Registrar to finalize the list of existing members and conduct fresh elections.
Issues: The key issues included the legality of the election and meeting held on 9-3-2001, the authority to induct new members, and the Registrar's compliance with the court's directions.
Ratio Decidendi: The court held that the election and meeting on 9-3-2001 were illegal, the induction of new members was not in accordance with the law, and the Registrar failed to comply with the court's directions. The court set aside the impugned orders and directed the Registrar to finalize the list of existing members and conduct fresh elections.
Final Decision: The court set aside the impugned orders and directed the Registrar to finalize the list of existing members within six weeks and conduct fresh elections within two months thereafter.
Arun Mishra, J.
Petitioners have filed this writ petition for quashment of the order (A.23) dated 1-4-2002 passed by the Registrar of Firms and Societies, the order (A.15) dated 24-8-2001 passed by Assistant Registrar, Firms and Societies, the order (A.14) dated 6-8-2001 passed by the Assistant Registrar, Firms and Societies, Rewa, the order (A.16A) passed by the Govt, of India on 20th August, 2001 and the order (A.16) dated 18-9-2001 passed by the Collector, Satna.
The facts in brief are that earlier a writ petition No. 5653/2001 was filed before this Court. The matter was remitted to the Registrar for decision on merits of submissions raised and dispute as to election. Thereafter Registrar has passed the impugned order (A.23) dated 1-4-2002. The Ambedkar Adarsh Shiksha Samiti, Satna, is a registered society under M.P. Society Registrikaran Adhiniyam, 1973 which was registered on 19-1-1987. Society has its bye-laws (A.1). Jan Shikshan Sansthan, Satna, is a registered voluntary organization under the aegis of Ambedkar Adarsh Shiksha Samiti, Satna. Jan Shikshan Sansthan, Satna was previously known as Shramik Vidyapeeth. It is receiving grant from Ministry of Human Resources, Govt, of India, New Delhi. The first election took place on 20-3-1987. In the year 1991 the General Body extended the term of the Prabandhkarini Sabha. On 5-5-1993 the President Shri Mahesh Shukla resigned the post of President and in his place Prof. Urmila Prasad Shukla was elected as President. She died on 29-12-1994. It is alleged by the petitioner that respondent No. 7 Shri Rajendra Kumar Singh was Industries and Commerce Minister of M.P. and he exerted undue influence on the members to induct his father Shri Shiv Mohan Singh as President of the Samiti which was an illegal act as Shri Shiv Mohan Singh was not even a member of Samiti. The General body meeting was held on 10-5-1995 which protested against the method of inducting Shiv Mohan Singh as President of the Samiti. Letter of protest A.5 was sent on 12-5-95 by the Secretary to the Asstt. Registrar. List A-6 was sent in which Shiv Mohan was shown as President. List of the then members was also sent along with list of the office bearers in the year 1995. There were 19 members of the society.
It is further averred that on 25-12-2000 general body meeting of Samiti was convened and respondent No. 6 Shri Shiv Mohan Singh was removed from the Presidentship of the Samiti and the fact was informed to the Asstt. Registrar, Firms and Societies as per letter A.8 dated 27-12-2000 and Shri Surender Singh Patel was appointed as incharge President. It was mentioned that Shri Shiv Mohan Singh was not a member and had not deposited the membership fee, hence, the post of President, was declared vacant and Shri Surender Singh Patel was declared as President, List of members was also sent which contained 18 names along with the minutes (A.8) of the meeting dated 25-12-2000. In the minutes A.9 of general body meeting held on 5-10-1999 it was mentioned that respondent No. 6 Shri Shiv Mohan Singh had never obtained membership of the society.
It is further averred in the petition that petitioner Shri Rameshwar Prasad Shukla was elected as President of the society in a meeting of General Body held on 25-6-2001. Information (A.11) was sent to the Registrar u/s 27 of Adhiniyam on 3-8-2001. Shri Rameshwar Prasad Shukla, the petitioner was elected as President. Shri Surender Singh Patel, petitioner No. 2 was elected as Vice President and Purushottam Lal Tripathi, petitioner No. 3 was elected as Secretary of Ambedkar Adarsh Shiksha Samiti. List of the members (A.11) was sent to Asstt. Registrar. The requisite fee was deposited on 3rd August, 2001 as per the treasury receipts (A. 12 and A. 13).
4-A. Petitioner submits that though information was delivered to the Asstt. Registrar, Firms and Societies on 3-8-2001. However, under the influence of respondents No. 6 and 7 the Asstt. Registrar, Firms and Societies, removed the first Sh
